COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Bumgardner 

JOHN CHARLES HARRIGER 

 MEMORANDUM OPINION*

v. Record No. 2806-97-3 PER CURIAM 

 APRIL 14, 1998 

PEPSI-COLA GENERAL BOTTLERS/WHITMAN 

 CORPORATION AND BIRMINGHAM FIRE 

 INSURANCE COMPANY OF PENNSYLVANIA 

 FROM THE VIRGINIA 

WORKERS' COMPENSATION COMMISSION 

 (Ginger Jonas Largen; Morefield, Kendrick, 

Hess & Largen, on brief), for appellant. 

 (Ramesh Murthy; Penn, Stuart & Eskridge, on 

brief), for appellees. 

 John Charles Harriger ("claimant") contends that the 

Workers' Compensation Commission ("commission") erred in 

terminating his compensation benefits on the ground that he was 

released to return to his pre-injury employment as of December 

19, 1996. Upon reviewing the record and the briefs of the 

parties, we conclude that this appeal is without merit. 

Accordingly, we summarily affirm the commission's decision. See

Rule 5A:27. 

 On appeal, we view the evidence in the light most favorable 

to the prevailing party below. See R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). "[I]t 

is fundamental that a finding of fact made by the Commission is 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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conclusive and binding upon this court on review. A question 

raised by conflicting medical opinion is a question of fact." 

Commonwealth v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 532, 533 

(1986). 

 The evidence established that on June 5, 1994, claimant 

sustained a compensable back injury while working for Pepsi-Cola 

General Bottlers ("employer") as a route salesman. On December 

19, 1996, Dr. Jeffrey R. McConnell, an orthopedic surgeon, 

approved a job description allowing claimant to return to his 

pre-injury work without restrictions. On January 3, 1997, Dr. 

Robert V. Clampitt, claimant's treating family physician, 

deferred to Dr. McConnell's opinion, from an orthopedic 

standpoint, regarding claimant's ability to return to work. 

 Dr. Neil P. Dubner, a psychiatrist who began treating 

claimant on August 31, 1995, diagnosed claimant as suffering from 

a major depressive disorder and pain disorder caused by his 

compensable injury. On January 6, 1997, for the first time, Dr. 

Dubner opined that claimant's major depression rendered him 

unable to work from a psychiatric standpoint. On March 26, 1997, 

Dr. Paul R. Kelley, a neuropsychiatrist, examined claimant at 

employer's request. Dr. Kelley opined that claimant did not 

suffer from any psychiatric illness. Dr. Kelley noted claimant's 

anger and rage directed toward employer, but concluded that this 

anger and rage were not due to the work-related accident. Dr. 

Kelley concluded that from a psychiatric standpoint, claimant 
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could return to work. 

 The opinions of Drs. McConnell and Kelley constitute 

credible evidence to support the commission's finding that 

claimant was released to perform his pre-injury work as of 

December 19, 1996. "The fact that there is contrary evidence in 

the record is of no consequence if there is credible evidence to 

support the commission's finding." Wagner Enters., Inc. v. 

Brooks, 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991). 

 The commission, as fact finder, was entitled to accept the 

opinions of Drs. McConnell and Kelley and to reject the contrary 

opinion of Dr. Dubner. As the commission correctly noted, 

although Dr. Dubner had treated claimant since August 1995, he 

did not offer an opinion that claimant was disabled until about 

two weeks after Dr. McConnell's release. Moreover, the medical 

records showed that claimant's psychiatric difficulties could 

have been due to factors other than his work injury. 

 For these reasons, we affirm the commission's decision. 

 Affirmed.